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Murshidabad Violence: Calcutta High Court Orders State to Compensate Victims, Consider Demand for Permanent BSF Camp

16 May 2025 5:06 PM - By Prince V.

Murshidabad Violence: Calcutta High Court Orders State to Compensate Victims, Consider Demand for Permanent BSF Camp

The Calcutta High Court has issued a significant order in response to the communal violence that broke out in West Bengal’s Murshidabad district during the Anti-Waqf Bill protests. A Division Bench comprising Justice Soumen Sen and Justice Raja Basu Chowdhury directed the State Government to provide compensation and ensure rehabilitation for all affected families. The court also acknowledged the demand from locals for the establishment of a permanent Border Security Force (BSF) camp in the area and instructed the State to consider this request seriously.

The matter came before the Court through a series of public interest litigations, including the lead case Suvendu Adhikari & Anr. vs. State of West Bengal & Ors. (WPA(P) 153 of 2025), and other connected cases. During the hearings, disturbing details emerged about the extent of the destruction and suffering inflicted on the residents of villages like Betbona, Ghoshpara, and Palpara under the jurisdiction of the Samsherganj Police Station.

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"The victims appear to be in a sorry state of affairs. Their homes have been vandalised, source of livelihood taken away, and movables looted with impunity. Shock and trauma were writ large on the faces of the sufferers," the bench noted.

According to the affidavit submitted by the Union Government, more than 500 people from the Hindu community were forced to migrate from the affected area to Malda district. Intelligence inputs had warned about the possibility of widespread violence across 15 districts, prompting the deployment of five additional BSF companies in addition to the 300 personnel already stationed locally. The State was also advised to monitor social media closely and request more Central Armed Police Forces (CAPFs) if necessary.

On the State’s behalf, Senior Advocate Kalyan Bandyopadhyay submitted that several steps were taken to manage the situation. It was informed that 1,093 social media accounts had been blocked since April 11, 2025, to curb misinformation. The State Government sanctioned ₹3.69 crore under the “Banglar Bari” scheme to aid the reconstruction of homes for 283 identified families. Each household received a cheque for ₹1.2 lakhs, distributed personally by the Chief Minister, along with 40 sewing machines for some riot-affected victims.

A committee formed as per the court’s earlier order submitted a detailed report with visuals revealing large-scale destruction. The committee observed massive damage to residential and commercial properties, including grocery stores, electrical shops, and mills. Religious places were also not spared. In Betbona village alone, around 100 homes were rendered uninhabitable.

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The vandalism and massacre appear premeditated and seem to be part of an organized crime, the court noted based on the committee’s findings.

The committee expressed its inability to assign a uniform compensation amount due to the diverse nature and scale of damage. It criticized the state’s uniform relief approach and recommended the appointment of qualified valuation experts to assess the actual damage.

"Compensating the victims uniformly without assessing individual circumstances does not do justice. The only solution is the appointment of valuation experts," the committee opined.

The Court accepted this recommendation and ordered that a valuer be appointed from the panel of the Calcutta High Court to assess the damages and file a report. All related costs will be borne by the administration. The District Magistrate and the Secretary of the District Legal Services Authority (DLSA) have been directed to assist the valuer.

Further, the Court emphasized that victims should be restored to their original homes only after confidence is rebuilt. Till then, the State must ensure proper shelter and safety for the displaced families. The bench instructed the State to circulate the list of victims prepared by the committee and respond with details about compensation and rehabilitation.

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In its continuing concern over the scale of violence, the Court directed the Special Investigation Team (SIT) to carry out further investigation. The SIT has been asked to consider including specific provisions of the Bharatiya Nyaya Sanhita, 2023—particularly Sections 103(2), 113(2)(a), and (b)—as suggested by the committee, to ensure appropriate legal action against the perpetrators.

Considering the extent of damage, the Committee must appoint a valuer immediately to assess and report. The SIT is also directed to investigate further as current arrests and cases do not match the scale of violence,the Court directed.

The matter is scheduled to be heard next on July 31, 2025.